



Digitized by the Internet Archive 
in 2011 with funding from 
The Library of Congress 



v 







^3 V 






^^ 



&' ^ /^ 



.V 5 
V 






,v- 



* A *. 



*\ % 






^ 

o 






<- , 




http://www.archive.org/details/fursealsprotectiOOunit 







4 q 




4 O ~<^' 




? -X 



62d Congress! • cwmati? /Document 



"liSSZ?) SENATE {">°™ 



75 



A*0. Irt^t\e^ e^tl.. , 19 oQ — O^t 



FUR SEALS PROTECTION 



MESSAGE 



FROM THE 



President of the United States 

TRANSMITTING 

A CONVENTION LOOKING TO THE PROTECTION AND PRES- 
ERVATION OF FUR SEALS AND SEA OTTERS IN A CERTAIN 
DEFINED ZONE OF THE NORTH PACIFIC OCEAN, SIGNED BY 
THE PLENIPOTENTIARIES OF THE UNITED STATES, GREAT 
BRITAIN, JAPAN, AND RUSSIA, AT WASHINGTON 
ON JULY 7, 1911 






PRESENTED BY MR. LODGE 
.Iit.n 25, 1911. — Ordered to be printed 



WASHINGTON 

1911 



r 



62d Congress, / j Executive 

1st Session. [ 1 G. 



M> 



>Y^ v IX , FUR SEALS PROTECTION. 
,v nV _ns. 



^ >V 



MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

A CONVENTION LOOKING TO THE PROTECTION AND PRESERVA- 
TION OF THE FUR SEALS AND SEA OTTERS IN A CERTAIN 
DEFINED ZONE OF THE NORTH PACIFIC OCEAN, SIGNED BY THE 
PLENIPOTENTIARIES OF THE UNITED STATES, GREAT BRITAIN, 
JAPAN, AND RUSSIA, AT WASHINGTON ON JULY 7, 1911. 



July 22, 1911.— Read; convention read the first time and referred to the Committee 
on Foreign Relations, and, together with the message and accompanying papers, 
ordered to be printed in confidence for the use of the Senate. 

July 24, 1911. — Ratified; injunction of secrecy removed. 



To the Senate: 

With a view to receiving the advice and consent of the Senate to 
its ratification, I. transmit herewith a convention signed by the 
plenipotentiaries of the United States, Great Britain, Japan, and 
Russia, at Washington on July 7, 1911, looking to the protection and 
preservation of the fur seals and sea otters in a certain denned zone 
of the North Pacific Ocean. 

The Senate will observe that by the Article XVI it is provided that 
the convention shall go into effect on the 15th day of December, 1911, 
so that, in order that the convention may become effective on the 
part of the United States on the day stated, it would seem desirable 
that favorable action thereon be taken by the Senate during its 
present session. 

Wm. H. Taft. 

The White House, 

Washington, July 22, 1911. 



The Pkesident: 

The international fur-seal conference between the United States, 

Great Britain, Japan, and Russia, which was in session at Washing- 

* ton from May 11 to July 7, 1911, concluded its labors on the latter 

(3) 



date by the signature of a convention. This convention I have the 
honor to submit herewith with a view to its transmission to the Senate 
to receive the advice and consent of that body to ratification. 

It is to be observed that by its terms the convention is to go into 
effect on December 15, 1911, so that action thereon by the Senate 
during its present session would seem to be desirable. 

Respectfully submitted. 

P. C. Knox. 

Department of State, 

Washington, July 21, 1911 . 



1 The United States of America, His Majesty the King of the 

2 United Kingdom of Great Britain and Ireland, and of the Brit- 

3 ish Dominions beyond the Seas, Emperor of India, His Majesty 

4 the Emperor of Japan, and His Majesty the Emperor of all the 

5 Russias, being desirous of adopting effective means for the 

6 preservation and protection of the fur seals which frequent the 

7 waters of the North Pacific Ocean, have resolved to conclude a 
8. Convention for the purpose, and to that end have named as 
9 their Plenipotentiaries: 

10 The President of the United States of America, the Honorable 

11 Charles Nagel, Secretary of Commerce and Labor of the United 

12 States, and the Honorable Chandler P. Anderson, Counselor of 

13 the Department of State of the United States; 

14 His Britannic Majesty, the Right Honorable James Bryee, of 

15 the Order of Merit, his Ambassador Extraordinary and Plenipo- 

16 tentiary at Washington, and Joseph Pope, Esquire, Commander 

17 of the Royal Victorian Order and Companion of the Order of 

18 St. Michael and St. George, Under Secretary of State of Canada 

19 for External Affairs; 

20 His Majesty the Emperor of Japan, Baron Yasuya Uehida, 

21 Jusammi, Grand Cordon of the Imperial Order of the Rising 

22 Sun, his Ambassador Extraordinary and Plenipotentiary at 

23 Washington; and the Honorable Hitoshi Dauke, Shoshii, Third 

24 Class of the Imperial Order of the Rising Sun, Director of the 

25 Bureau of Fisheries, Department of Agriculture and Commerce; 

26 His Majesty the Emperor of all the Russias, the Honorable 

27 Pierre Botkine, Chamberlain of His Majesty's Court, Envoy 

28 Extraordinary and Minister Plenipotentiary to Morocco, and 

29 Baron Boris Nolde, of the Foreign Office; 



1 Who, after having communicated to one another their respec- 

2 tive full powers, which were found to be in due and proper form, 

3 have agreed upon the following articles: 

4 Article I. 

5 The High Contracting Parties mutually and reciprocally agree 

6 that their citizens and subjects respectively, and all persons 

7 subject to their laws and treaties, and their vessels, shall be pro- 

8 hibited, while this Convention remains in force, from engaging 

9 in pelagic sealing in the waters of the North Pacific Ocean, 

10 north of the thirtieth parallel of north latitude and including 

11 the Seas of Bering, Kamchatka, Okhotsk and Japan, and that 

12 every such person and vessel offending against such prohibi- 

13 tion may be seized, except within the territorial jurisdiction 

14 of one of the other Powers, and detained by the naval or other 

15 duly commissioned officers of any of the Parties to tins Con- 

16 vention, to be delivered as soon as practicable to an author- 

17 ized official of their own nation at the nearest point to the 

18 place of seizure, or elsewhere as may be mutually agreed upon; 

19 and that the authorities of the nation to which such person 

20 or vessel belongs alone shall have jurisdiction to try the offense 

21 and impose the penalties for the same; and that the witnesses 

22 and proofs necessary to establish the offense, so far as they are 

23 under the control of any of the Parties to this Convention, 

24 shall also be furnished with all reasonable promptitude to the 

25 proper authorities having jurisdiction to try the offense. 

26 Article II. 

27 Each of the High Contracting Parties further agrees that no 

28 person or vessel shall be permitted to use any of its ports or 

29 harbors or any part of its territory for any purposes whatsoever 

30 connected with the operations of pelagic sealing in the waters 

31 within the protected area mentioned in Article I. 

32 Article III. 

33 Each of the High Contracting Parties further agrees that no 

34 sealskins taken in the waters of the North Pacific Ocean within 

35 the protected area mentioned in Article I, and no sealskins 

36 identified as the species known as Callorhinus alascanus, Callo- 

37 rhinus ursinus, and Callorhinus Jcurilensis, and belonging to the 

38 American, Russian or Japanese herds, except such as are taken 



1 under the authority of the respective Powers to which the breecl- 



o 



ing grounds of such herds belong and have been officially marked 

3 and certified as having been so taken, shall be permitted to ba 

4 imported or brought into the territory of any of the Parties to 

5 this Convention. 

6 Article IV. 

7 It is further agreed that the provisions of this Convention 

8 shall not apply to Indians, Ainos, Aleuts, or other aborigines 

9 dwelling on the coast of the waters mentioned in Article I, 

10 who carry on pelagic sealing in canoes not transported by or 

11 used in connection with other vessels, and propelled entirely 

12 by oars, paddles, or sails, and manned by not more than five 

13 persons each, in the way hitherto practiced and without the 

14 use of firearms; provided that such aborigines are not in the 

15 employment of other persons, or under contract to deliver the 

16 skins to any person. 

17 Article V. 

18 Each of the High Contracting Parties agrees that it will not 

19 permit its citizens or subjects or their vessels to kill, capture or 

20 pursue beyond the distance of three miles from the shore line of 

21 its territories sea otters in any part of the waters mentioned in 

22 Article I of this Convention. 

23 Article VI. 

24 Each of the High Contracting Parties agrees to enact and 

25 enforce such legislation as may be. necessary to make effective 

26 the foregoing provisions with appropriate penalties for violations 

27 thereof. 

28 Article VII. 

29 It is agreed on the part of the United States, Japan, and Russia 

30 that each respectively will maintain a guard or patrol in the 

31 waters frequented by the seal herd in the protection of which it 

32 is especially interested, so far as may be necessary for the 

33 enforcement of the foregoing provisions. 

34 Article VIII. 

35 All of the High Contracting Parties agree to cooperate with 

36 each other in taking such measures as may be appropriate and 

37 available for the purpose of preventing pelagic sealing in the 

38 prohibited area mentioned in Article I. 



1 Article IX. 



9 



The term of pelagic sealing is hereby defined for the purposes of 

3 this Convention as meaning the killing, capturing or pursuing in 

4 any manner whatsoever of fur seals at sea. 

5 Article X. 

6 The United States agrees that of the total number of sealskins 

7 taken annually under the authority of the United States upon 

8 the Pribilof Islands or any other islands or shores of the waters 

9 mentioned in Article I subject to the jurisdiction of the United 

10 States to which any seal herds hereafter resort, there shall be 

1 1 delivered at the Pribilof Islands at the end of each season fifteen 

12 per cent (15%) gross in number and value thereof to an author- 

13 ized agent of the Canadian Government and fifteen per cent 

14 (15%) gross in number and value thereof to an authorized agent 

15 of the Japanese Government; provided, however, that nothing 

16 herein contained shall restrict the right of the United States at 

17 any time and from time to time to suspend altogether the taking 

18 of sealskins on such. islands or shores subject to it-> jurisdiction, 

19 and to impose such restrictions and regulations upon the total 

20 number of skins to be taken in any season and the manner and 

21 times and places of taking them as may seem necessary to protect 

22 and preserve the seal herd or to increase its number. 

23 Article XL 

24 The United States further agrees to pa)' the sum of two hun- 

25 dred thousand dollars ($200,000) to Great Britain and the sum 

26 of two hundred thousand dollars ($200,000) to Japan when this 

27 Convention goes into effect, as an advance payment in each case 

28 in lieu of such number of fur-seal skins to which Great Britain 

29 and Japan respectively would be entitled under the provisions of 

30 this Convention as would be equivalent in each case to two hun- 

31 dred thousand dollars ($200,000) reckoned at their market value 

32 at London at the date of their delivery before dressing and 

33 curing and less cost of transportation from the Pribilof Islands, 

34 such market value in case of dispute to be determined by an 

35 umpire to be agreed upon by the United States and Great Britain, 

36 or by the United States and Japan, as the case may be, which 

37 skins shall be retained by the United States in satisfaction of 

38 such payments. 



1 The United States further agrees that the British and Japanese 

2 share respectively of the sealskins taken from the American herd 

3 under the terms of this Convention shall be not less than one 

4 thousand (1,000) each in any year even if such number is more 

5 then fifteen per cent (15%) of the number to which the author- 

6 i/ed killing is restricted in such year, unless the killing of seals 

7 in such year or years shall have been absolutely prohibited by 

8 the United States for all purposes except to supply food, clothing, 

9 and boat skins for the natives on the islands, in which case the 

10 United States agrees to pay to Great Britain and to Japan each 

11 the sum of ten thousand dollars ($10,000) annually in lieu of 

12 any share of skins during the years when no killing is allowed; 

13 and Great Britain agrees, and Japan agrees, that after deducting 

14 the skins of their respective shares, which are to be retained by 

15 the United States as above provided to reimburse itself for the 

16 advance payment aforesaid, the United States shall be entitled to 

17 reimburse itself for any annual payments made as herein required, 

18 by retaining an additional number of sealskins from the British 

19 and Japanese shares respective^ over and above the specified 

20 minimum allowance of one thousand (1,000) skins in any subse- 

21 quent year or years when killing is again resumed, until the whole 

22 number of skins retained shall equal, reckoned at their market 

23 value determined as above provided for, the entire amount so 

24 paid, with interest at the rate of four per cent (4%) per annum. 

25 If, however, the total number of seals frequenting the United 

26 States islands in any year falls below one hundred thousand 

27 (100,000), enumerated by official count, then all killing, except- 

28 ing the inconsiderable supply necessary for the support of the 

29 natives as above noted, may be suspended without allow- 

30 ance of skins or payment of money equivalent until the number 

31 of such seals again exceeds one hundred thousand (100,000), 

32 enumerated in like manner. 

33 Article XII. 

34 It is agreed on the part of Russia that of the total number 

35 of sealskins taken annually upon the Commander Islands, or 

36 any other island or shores of the waters defined in Article I 

37 subject to the jurisdiction of Russia to which any seal herds 

38 hereafter resort, there shall be delivered at the Commander 



9 

1 Islands at the end of each season fifteen per cent (15%) gross 

2 in number and value thereof to an authorized agent of the 

3 Canadian Government, and fifteen per cent (15%) gross in 

4 number and value thereof to an authorized agent of the Japa- 

5 nese Government; provided, however, that nothing herein 

6 contained shall restrict the right of Russia at any time and 

7 from time to time during the first five years of the term of this 

8 Convention to suspend altogether the taking of sealskins on 

9 such islands or shores subject to its jurisdiction, and to impose 

10 during the term of this Convention such restrictions and regu- 

1 1 lations upon the total number of skins to be taken in any sea- 

12 son, and the manner and times and places of taking them as 

13 may seem necessary to preserve and protect the Russian seal 

14 herd, or to increase its number; but it is. agreed, nevertheless, 

15 on the part of Russia that during the last ten years of the term 

16 of this Convention not less than five per cent (5%) of the total 

17 number of seals on the Russian rookeries and hauling grounds 

18 will be killed annually, provided that said live per cent (5%) 

19 does not exceed eighty-live per cent (85%) of the three-year- 

20 old male seals hauling in such year. 

21 If, however, the total number of seals frequenting the Russian 

22 islands in any year falls below eighteen thousand (IS, 000) enu- 

23 merated by official count, then the allowance of skins mentioned 

24 above and all killing of seals except such as may be necessary for 

25 the support of the natives on the islands may be suspended until 

26 the number of such seals again exceeds eighteen thousand (18,000) 

27 enumerated in like maimer. 

28 Article XIII. 

29 It is agreed on the part of Japan that of the total number of 

30 sealskins taken annually upon Robben Island, or any other 

31 islands or shores of the waters defined in Article I subject to the 

32 jurisdiction of Japan to which any seal herds hereafter resort, 

33 there shall be delivered at Robben Island at the end of each 

34 season ten per cent (10%) gross in number and value thereof to 

35 an authorized agent of the United States Government, ten per 

36 cent (10%) gross in number and value thereof to an authorized 

37 agent of the Canadian Government, and ten per cent (10%) 

38 gross in number and value thereof to an authorized agent of the 



10 

1 Russian Government; provided, however, that nothing herein 

2 contained shall restrict the right of Japan at any time and from 

3 time to time during the first five years of the term of this Con- 

4 vention to suspend altogether the taking of sealskins on such 

5 islands or shores subject to its jurisdiction, and to impose during 

6 the term of this Convention such restrictions and regulations 

7 upon the total number of skins to be taken in any season, and 

8 the manner and times and places of taking them as may seem 

9 necessary to preserve and protect the Japanese herd, or to 

10 increase its number: but it is agreed, nevertheless, on the part 

11 of Japan that during the last ten years of the term of this Con- 

12 vention not less than five per cent (5%) of the total number of 

13 seals on the Japanese rookeries and hauling grounds will be 

14 killed annually, provided that said five per cent (5%) does not 

15 exceed eighty-five per cent (85%) of the three-year-old male 

16 seals hauling in such year. 

17 If, however, the total number of seals frequenting the Japanese 

18 islands in any year falls below six thousand five hundred (6,500) 

19 enumerated by official count, then the allowance of skins men- 

20 tioned above and all killing of seals except such as may be neces- 

21 sary for the support of the natives on the islands may be sus- 

22 pended until the number of such seals again exceeds six thousand 

23 five hundred (6,500) enumerated in like manner. 

24 Article XIV. 

25 It is agreed on the part of Great Britain that in case any seal 

26 herd hereafter resorts to any islands or shores of the waters 

27 defined in Article I subject to the jurisdiction of Great Britain; 

28 there shall be delivered at the end of each season during the term 

29 of this Convention ten per cent (10%) gross in number and value 

30 of the total number of sealskins annually taken from such herd 

31 to an authorized agent of the United States Government, ten per 

32 cent (10%) gross in number and value of the total number of 

33 sealskins annually taken from such herd to an authorized agent 

34 of the Japanese Government, and ten per cent (10%) gross in 

35 number and value of the total number of sealskins annually taken 

36 from such herd to an authorized agent of the Russian Government. 

37 Article XV. 

38 It is further agreed between the United States and Great 

39 Britain that the provisions of this Convention shall supersede, 

Mr 74 



11 

1 in so far as they are inconsistent therewith or in duplication 

2 thereof, the provisions of the treaty relating to the fur seals,. 

3 entered into between the United States and Great Britain on 

4 the 7th day of February, 1911. 

5 Article XVI. 

6 This Convention shall go into effect upon the 15th day of 

7 December, 1911, and shall continue in force for a period of 

8 fifteen (15) years from that date, and thereafter until termi- 

9 nated by twelve (12) months' written notice given by one or 

10 more of the Parties to all of the others, which notice may be 

11 given at the expiration of fourteen years or at any time after- 

12 wards, and it is agreed that at any time prior to the termination 

13 of this Convention, upon the request of any one of the High 

14 Contracting Parties, a conference shall be held forthwith between 

15 representatives of all the Parties hereto, to consider and if pos- 

16 sible agree upon a further extension of this Convention with 

17 such additions and modifications, if any, as may be found 

18 desirable. 

19 Article XVII. 

20 This Convention shall be ratified by the President of the 

21 United States, by and with the advice and consent of the Senate 

22 thereof, by His Britannic Majesty, by His Majesty the Emperor 

23 of Japan, and by His Majesty the Emperor of all the Russias; 

24 and ratifications shall be exchanged at Washington as soon as 

25 practicable. 

26 In faith whereof, the respective Plenipotentiaries have signed 

27 this Convention in quadruplicate and have hereunto affixed their 

28 seals. 

29 Done at Washington the 7th day of July, in the year one 

30 thousand nine hundred and eleven. 

Charles Nagel [seal] 
Chandler P. Anderson [seal] 

James Bryce [seal] 

Joseph Pope [seal] 

Y. Uchida [seal] 

II. Dauke [seal] 

P. Botkixe [seal] 

NOLDE [SEAL] 

o 



-A. 









•S 
*£ 






s °^ 



s 






V 






^0* 












A- 1 






°^ '<"*' A* <- 



o 

o 






o V 



■ •» 




\ '■ ' J 



0* .•"•• o 
o 









-.■"-, 



o 
















v 



.A »■ " « ^ 



■ Cb * v 



J 






' ^ 



*2* 



vP 














/^ 









■r 



•^ 










V- 



+*tf 



^t- *."> 









■■;- 






% .<? 



•fc. 



iV^ 



A , o " o * <f> 



0° 




A* 




. *<* A^ ^%i/h° ^ A^ *V 






o ° " ° * "^& 



Jp 




DOBB B [OS. 

fBR, BINDII 



i; ^6* »!«&* *©k r^wfm" ^° .£g§ 

UMIIANV BINOINQ *0„0° ,V *<?> * ' ' "> * ,^ V ^ ° « ° 



